Alhadeff Attorneys

Alhadeff Attorneys Giving you the best advice.

12/01/2023

Highly politicised and hotly controversial, the term “expropriation” is a topic of widespread trepidation in South Africa traditionally associated with land. It is expected that the pending legislation will provide a degree of certainty surrounding this explosive topic, but land expropriation is...

25/06/2021



The Department of Employment and Labour recently issued an amended COVID-19 Direction on Occupational Health and Safety Measures in Certain Workplaces (amended OHS Direction) which was gazetted on 11 June 2021. In terms of these amended OHS Directions, an Employer has until 2 July 2021 to commence a risk assessment to determine whether it will make the vaccination of Employees compulsory.
Broadly:-
· Assesment – an assesment must be completed taking into account the operational requirements of the workplace. This must outline the protective measures in place.
· Vaccination – in addition, should the Employer elect to make vaccinations mandatory, the Employer must identify which of its Employees will be obligated to be vaccinated. Factors to take into account include age or comorbidities, risk of transmission through nature of work.
· Amendment of existing plan – once the Employees necessitating vaccination have been identified, the existing plan must be modified taking into account Annexure C of the June 2021 version of the OHS Direction.
When developing and implementing the plan, the Employer must consider any collective agreements in place, providing administrative support to Employees to register for vaccination, annexure C of the June 2021 version of the OHS Direction and the constitutional right of its Employees.
The Employer stance with respects to Employee’s potential refusal to be vaccinated and how to Employer will lawfully navigate this scenario must be considered.
A great deal of caution must be exercised by Employers when developing and implementing their amended plans. Ultimately, the legality of a mandatory vaccination policy will depend on, the nature and scope of the Employer’s workplace and the type of work performed by the Employer.

25/06/2021



Can I Fire an Employee with Covid – 19?

The Disaster Management Act renders an Employer potentially liable should anyone at the workplace contract Covid-19, particularly if negligence is involved. Accordingly, the Employer must address this aspect of law, rather prudently.

In the recent Labour Court decision of Eskort Limited v Mogotsi and Others, one of the many learnings being that it is imperative that Employers create a simple reporting line with respects to Covid-19 and to whom the Employee must report possible Covid-19 exposure. It is advisable that the Disciplinary Code of Conduct be updated to address such contraventions.

With respects to the question of termination of employment should the Employee elect not to take the Covid-19 vaccination, prior to any such draconian action taking place, the Employer must consult with Employee. The Employer must attempt to accommodate the Employee in the most reasonable manner feasible. Likely solutions for the Employer being working remotely or placing the Employee in a separate office.

However, dependent on the nature and scope of employment, if no pragmatic solution is obtainable, termination of the Employee on operational grounds may be justifiable.

Not dissimilar to any other litigation, it is prudent to document all events.

25/06/2021

TOP 3 REASONS TO OBTAIN LEGAL ADVICE

1. SAVE MONEY

Yes, lawyers cost money.

Save yourself a costly experience together with telling a depressing story of “how you would have done things differently given a chance”.

Irrespective as to whether the other side is represented by lawyer, the advantage of having an edge during the process will always save you money and prevent unknown anxiety in the times to come.

In order to prevent accidental legal oversights, it is sensible to understand your legal rights from the outset.

2. UNDERSTAND YOUR LEGAL RIGHTS

Law is complicated, it is not an exact science. Multiple variables exist.

Thus, your lawyer must simplify the law and update you on a regular basis.

Lawyers should appreciate that unknown issues faced in life will be intimidating and often confusing. As a client, you need to be provided with all possible scenarios to ensure that you make the most informed decision at that point.

Once a lawyer has been selected to represent you, you need to trust them. Regardless of the matter, at that point, your life is placed in the lawyers’ hands.


3. CONFIDENCE THAT YOUR MATTER WILL BE MANAGED CORRECTLY

Irrespective of the matter (litigation, labour, commercial contracts, etc) your last concern should be that your matter is not being professionally managed.

Legal peace of mind cannot be overstated.

Simply put, having a lawyer in whom you have confidence, who acts in your best interest, is fundamental to your success, whatever the outcome.

16/11/2020

Alhadeff Attorneys is seeking a Corporate/ Commercial Admitted Attorney.

Experienced in Business/ Commercial/ Corporate Law.

Minimum 8+ years experience.

Profile
Core Competencies

• Own Client base
• Good telephone manner/soft skills
• Be able to work independently
• Effective time management
• Be able to work under pressure
• Strong written and verbal communication skills
• High ethical standards
• Sound knowledge of the law in general and the interpretation thereof
• Must have strong customer-centric values and critical thinking/problem-solving skills
• Ability to multi-task and must be computer literate, specifically proficient in MS Word and Outlook
• Must have strong customer-centric values and critical thinking/problem-solving skills

Purpose

• We are looking for an individual that is efficient, self-motivating Attorney.
• They must be able to accomplish objectives by analysing trends and provide solution-driven feedback to management.
• Attending to draft and respond to legal correspondence/documents on behalf of clients. Drafting of contracts will be required
• To ensure that overall performance and quality is in line with Company standards.
• Qualifications -LLB degree

Please send CV to [email protected]

11/11/2020

Corporate and Commercial Attorney.

In excess of 7 years working experience.

06/11/2020

COVID-19 Updates

11/08/2020



As an influencer, if you promote a brand on social media, is it a legal requirement to disclose the full relationship with that brand?
According to the South African Advertising Regulatory Board (Appendix K to its Code of Conduct) and the Consumer Protection Act 68 of 2008, it is an obligation not to mislead the public in any way whatsoever. The Consumer Protection Act and Regulatory Code of Conduct do not specifically deal with influencers marketing or advertising for brands on social media, however, the Code of Conduct does state that “…advertisements should be clearly distinguishable as such whatever their form and whatever the medium used “
This assessment was determined based on a complaint regarding a commercial relationship between a social media influencer known as “Kandy Kane ()” and Volvo South Africa (Pty) Ltd. Volvo contested that it provided a Volvo to influencers as a trade exchange and influencers then share their experiences on their social media platforms. The Board determined that this relationship was not one of organic social media endorsement. Therefore, by interpretation, Kandy Kane and Volvo had neither evidently nor adequately identified their paid advertising relationship. Volvo amended its advertising to comply with the ruling.
The Board continued that this format of advertising is “…a new and important issue.” With respects to future events, distinctive social media identifiers were recommended by the Board to provide transparency and avoid consumer confusion.
Should this process not be followed, the ramifications may very well be material, and in some instances, may lead to criminal sanction.

It is to note that this seemingly draconian obligation is not unique to South Africa. South Africa is merely following international best practices.

It is thus prudent to seek expert legal advice before engaging in social media advertisements.

For further information, please contact Alan Alhadeff at Alhadeff Attorneys [email protected]

11/08/2020

A risk mitigation concern for a business trying to recover from lock down is the ability to distinguish employers who are sincerely ill from those who exploit this period.

The Labour Relations Act 66 of 1995 as amended, places an obligation on employers to dismiss employees whom they deem debilitated by illness and/ or injury, only as a last resort. It is an expectation that every employer will use its best endeavours to assist the employee through this period. This being said, the determination of best endeavours is a legal question which is based on an array of factors.

Should this process be determined incorrectly, the financial ramifications may very well be material.

It is thus prudent to seek expert legal advise before engaging in any dismissal.

For further information, please contact Alan Alhadeff at Alhadeff Attorneys [email protected]

05/12/2019

A recent judgment makes it unlawful for banks to bring National Credit Act matters before the high court instead of the much cheaper magistrates’ courts. This pragmatically brings down costs of litigation. For more information contact Alhadeff Attorneys.

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5 The Avenue Corner Henrietta Road, Norwood
Johannesburg
2192

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Tuesday 08:30 - 17:00
Wednesday 08:30 - 17:00
Thursday 08:30 - 17:00
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